Comm.of Income Tax , Bikaner v. M/S. Suner Marbles & Granites Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- INCOME TAX APPEAL No. 135 of 2007 COMM.OF INCOME TAX , BIKANER V/S M/S. SUNER MARBLES & GRANITES PVT. LTD. Mr. KK BISSA, for the appellant / petitioner HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI MUNISHWAR NATH BHANDARI,J. ----- Heard learned counsel for the appellant. It has been found by the learned Tribunal that inearlier years also when the assessee while showing thestock did not include the element of excise duty, suchdisclosure excluding excise duty was upheld upto theTribunal, and that has not been challenged by the Revenue. In that view of the matter if during subsequent years also the assessee while making disclosure of thestock did not include the element of excise duty it cannotbe said to be a case of escapement entitling the assessingauthority to initiate proceedings on the ground ofescapement, and may be that as contended by the learnedcounsel for the appellant that the excise duty was requiredto be included in the stock as the view has been taken by Hon'ble the Supreme Court but then here the case is that inthe case of this assessee as noticed above even in previousyear it was held that it was not necessary to include theelement of excise duty. In that view of the matter, itcannot be said that it is a case of escapement. Thus, we donot find any ground to interfere with the impugned order ofthe learned Tribunal. The appeal is, therefore, dismissed summarily. ( MUNISHWAR NATH BHANDARI ),J. ( N P GUPTA ),J. /sushil/